Date lodged: 28 July 2017
To ask the Scottish Government how many times in each of the last 10 years has it determined that a crime alleged to have been committed in Scotland could be prosecuted outwith the UK; what crimes they related to, and how many prosecutions led to a conviction.
Answered by: James Wolffe QC 24 August 2017
All decisions in relation to the prosecution of crimes alleged to have been committed in Scotland are taken by prosecutors acting within the system of prosecution headed by the Lord Advocate. In terms of section 48(5) of the Scotland Act 1998, any decision of the Lord Advocate in his capacity as head of that system is taken by the Lord Advocate independently of any other person. Decisions in relation to the prosecution of crime are not made by the Scottish Government. No statistics are held of the number of times prosecutors have decided to relinquish title to prosecute in favour of the prosecuting authorities of another jurisdiction (whether within or outside the UK) or of the number of such prosecutions which led to a conviction.